tomorrow night, the fight for medical marijuana takes a very emotional turn as parents say they need it to treat their daughter's disease. now they're asking the new jersey governor to change the laws. that's tomorrow night. now erin burnett anchors a cnn special investigation, "the truth about benghazi." >> tonight, u.s. embassies and consulates around the world close. >> we believe this threat is significant and we are taking it seriously. >> u.s. officials afraid of another benghazi, where four americans, including the u.s. ambassador to libya, were murdered. nearly a year later, no one wants to repeat the same fatal mistakes. >> my heart is broken, because

he perished the way he did. >> the truth is irrefutable it was a terrorist attack. >> was it because of a protest or because of guys out for a walk one night that decided to kill some americans? what difference at this point does it make? >> was there a coverup? and where are the killers? >> they're either somewhere planning their next attack or they're hiding out. >> will there be justice? >> i'm afraid if these people are still in charge, more of our people are going to get murdered. >> tonight, from libya to washington, d.c., the truth about benghazi. ♪ >> good evening. i'm erin burnett. tonight, an "outfront" special investigation, the truth about benghazi.

for nearly a year, america has been searching for answers about the deadly attacks that took the lives of four americans, including ambassador christopher stevens, information officer sean smith and two former navy s.e.a.l.s. that search for answers could not be any more relevant than tonight, as u.s. embassies and consulates around the world are closed or on high alert. prevents another attack means getting to the truth of what happened there. we go back to benghazi of where it all began to investigate why all the attacks happened. plus, john king gets to the bottom of the talking points and the evolving story coming out of washington in the days and weeks after the attacks. to presidential politics lead to a coverup? and what did the families of the four lost americans want most? you'll hear from them directly. but first, we go back to the hours before the attack.

september 11. in america, a day of solemn remembrance. in 2012, a day of violence in the middle east. demonstrators storm the u.s. embassy in cairo, angry over a low-rent film made in the u.s. that mocks the prophet muhammad. in neighboring libya, ambassador christopher stevens is in benghazi, a city known for upheaval. stevens knew benghazi well. during the civil war that ousted moammar gadhafi, he lived there. >> he was in at the beginning when secretary clinton sent him over there to talk to the rebels and find out who are these people, what are they up to, should we be supporting them? >> stevens' parents were proud that he helped the rebel-led

coalition. >> my name is chris stevens and i'm the new u.s. ambassador to libya. >> his job? to bring stability to a hot zone. >> gadhafi's weapons stockpiles had been raided and weapons were everywhere. so one of the things that the u.s. was interested in doing, and in particular the cia, was collecting weapons. >> that mission brought stevens to benghazi on september 11. when he opened a cultural center and met with officials. >> ambassador stevens had met with a turkish official and the consulate there in benghazi and everything was quiet for them. >> that all changed when darkness fell. at 9:42 p.m., gunfire is heard outside the benghazi consulate. then a loud explosion.

within minutes, dozens of mr. chairmanned militia charge the main gate, setting fire to the barracks, headed straight for the ambassador's residence. by 10:00 p.m., ambassador stevens, sean smith, and a security agent run to a safe room. >> three men with guns against 120 with rpgs, machine guns, grenades, they would have been no match. >> an alert is sent to the cia security team at an annex about a smile away. that alert goes to the u.s. state department in tripoli. chris stevens called gregory hicks at the embassy. >> he said greg, we're under attack. >> a few months before the attack, stevens briefly cut back on his morning runs. after extremists posted his

jogging routine online. >> i do know from his diary that they found, he recognized that there was danger lurking in these places. >> jeff porter briefed stevens on the security risks. >> the best way to characterize the security environment in benghazi on september 10 and 11 is that it was unpredictable. there was no law and order. so while it was probably unlikely that something bad was going to happen, were something bad to happen, it was likely to be catastrophic. >> stevens made repeated requests for more security. guard booths and gates were added to the benghazi compound as part of $100,000 in upgrades. but they still didn't have enough people. why was manpower so lacking in benghazi? >> we're essentially talking about a cia mission in benghazi. whose purpose it was to collect information, collect weapons potentially, and they may have deliberately wanted to keep a

low security profile. >> cnn's drew griffin reports cia agents have taken multiple polygraph tests to prevent them from talking about the cia mission in benghazi. but we know in july, diplomatic security agent eric nordstrom asked to have a 16-person special support team stay on as extra security until mid september. that request went unanswered. around 10:30 p.m., a fortified door keeps the attackers from breaking in where stevens and smith are. minutes later, they set fire to the villa with diesel fuel. >> within minutes, the smoke overwhelmed stevens and smith in the safe area. >> about the same time, six american security agents leave the cia annex. former navy s.e.a.l. tyrone woods is with them.

after a battle, woods and friendly libyan fighters regain control of the consulate and start searching for ambassador stevens and sean smith. >> they found sean's body and pulled it out, but he was no longer responsive. they did not find the ambassador. >> back in washington, word spreads fast about the attack. defense secretary leon panetta and chairman of the joint chiefs of staff meet with president obama. what happened at the meeting? >> obviously, this is a very unusual event, and it has profound significance for the president and by this time, of course, everyone's thinking it is 9/11. >> 12:07 a.m. benghazi time, 6:07 p.m. washington, the state department sends an e-mail to the white house, pentagon and the fbi. it says the islamic military

group has claimed credit. >> if there was any thought that this might have been a spontaneous uprising, well, this clearly put that to rest. >> three days before september 11, is a local libyan militia told the u.s. the security situation in benghazi was quickly deteriorating, warning the americans to decrease their presence. >> there may have been a lack of situational awareness. they may have not been able to identify which of the dozens of violent armed groups in benghazi pose a threat to the united states. >> we have breaking news. an american we can confirm now has been killed in libya tonight. >> at about 1:00 a.m., an eyewitness captures a man being pulled from the smoke-filled consulate on video. this is the last image of chris stevens alive.

at almost the same time, former navy s.e.a.l. glenn dougherty arrives in benghazi with a rescue team from tripoli. >> he chose to run in and defend, even though it wasn't his job. >> he ran in? >> that's how glenn has lived his whole live. anything you need at any time, he's in for you. >> by 4:00 a.m., glenn dougherty and tyrone woods team up. they're protecting at least 30 americans against overwhelming odds. >> literally the 30 or so individuals that were there could have all been killed or captured. >> and then the final blow. the full-on assault comes between 4:00 and 5:00 a.m. libya time. >> there were three mortars that were dropped that hit the roof of the building. >> it was overwhelming injuries.

>> glenn dougherty and tyrone woods are killed. >> i got a phone call, and from there, i had to then decide how to tell everyone. >> and how did you do snit >> there's no way to sugarcoat it. you just do it. you know, getting a phone call that kind of alters your life forever is horrible. >> when the attacks on the consulate and cia annex finally end, the assault has lasted nearly eight hours. >> ty perished doing what he loved to do. and doing it well. my son did the right thing at the right time for the right reasons. >> 30 americans were saved. but four americans are dead.

>> my heart is broken. because he perished the way he did, but at the same time, i'm proud of what he did. >> the next day, the president of the united states makes a vow. >> we will not waiver in our commitment to see that justice is done for this terrible act, and make no mistake, justice will be done. >> ambassador chris stephens called for help within minutes after the attack. so why didn't the military get there in time? >> i think there are other assets and other things that could have been put into motion. right now, 7 years of music is being streamed.

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it was september 11, 2012. america was under attack. four americans dead. the first ambassador killed in more than three decades. an information officer and two s.e.a.l.s murdered. three days after the attacks on the consulate, arwa damon was

one of the first journalists to arrive in benghazi. >> we first came here three days after the attack. this was the ambassador's bedroom. part of a suite that made up the safe room, which was fortified with heavily metal windows and door. and it was here, between the bed and the chair that we found his diary. as we walked freely through the compound, it was strangely insecure. personal and official documents strewn about. we met the young man who shot video of ambassador stevens, unconscious, close to death, being carried out. >> translator: i was filming video and i thought it was an american, a driver or a security guy. >> we also spoke to the doctor who tried to save stevens' life.

>> translator: i tried to resuscitate, but after 45 minutes, no sign of life. >> one eyewitness, who arrived at the compound as the firefight was subsiding, told us that he had seen bearded men with rocket-propelled grenades and automatic weapons. detained briefly by the gunmen, he said they had been talking about attacking a second target, which turned out to be the american cia annex a mile away. we also tracked down several of the libyan guards who had been at the compound that night. they told us it was a quick and intense assault. well organized and involving more than 50 people. some wearing afghan-style turbans. one guard told us they must have received training. to understand the attack, you

have to understand the layout of the consulate. that is the compound's outer and only perimeter. there's a little bit of concertina wire on top of it. that is one of the gates the attackers very easily broke through, and as is clear, there was nothing stopping them from reaching the buildings except for this sand bagged fighting position. cnn was on the ground in benghazi less than 72 hours after the attack. but it would be nearly a month before an fbi team visited the crime scenes. >> who knows how many countless individuals trampled that crime scene after the fact. all that trace evidence that's extremely valuable is now either contaminated or not even there anymore. >> nine months later, in the ops room, the movement white board bears violent witness to that

night. there remains some traces of the fbi's brief visit, as they sifted through the wreckage, the u.s. attorney general promised to solve this matter, to hold people accountable. but by then, it seems some of the attackers were far away. the crime scene had been tainted. in a city where the flag of jihad was flying and where the libyan government had little power, finding those accountable would not be easy. there is no doubt america was caught off guard when the u.s. diplomatic post in libya was attacked. but could it have been prevented? and why didn't our military respond in time? john king reports. >> reporter: september 11, 2012, 8:46 a.m. a white house moment of silence that is now part of a sad national ritual.

9:49 a.m., the pentagon memorial. and then at 5:00 p.m., a new 9/11. president obama is told the american mission in benghazi is under attack. the u.s. ambassador missing. >> benghazi was a play, a tragedy in three acts. an awful lot of the political energy has been placed on act two. what happened that night. >> reporter: at 6:00 p.m., now midnight in benghazi, a series of urgent pentagon meetings. two military units based in spain, one in croatia, another based at ft. bragg, north carolina, were told to get ready. the north carolina base reached that 90 minutes later. 23 hours after the benghazi siege began, and 22 hours after the president was told.

too late. way too late. but then, the siege was over. the u.s. mission in ruins. the nearby cia annex heavily damaged and the body of four americans on a transport plane. >> the united states military is not, and should not be a 911 service. >> there's some places on the planet where we have some gaps, and i think north africa is probably one of them. >> reporter: to congressman adam smith, the top democrat on the house arm services committee, case closed. >> bottom line, there was not a force available that could get there in time. that's been clearly established and answered over and over again. >> they're in northern libya, right there on the coast, that we couldn't get u.s. military there for 24 hours. that's embarrassing if it's true. but i really question whether or not that's the actual truth.

>> reporter: so you're saying the chairman joint chiefs of staff, the highest ranks officer in the united states of america, isn't telling the truth? >> i think there are other assets and things that could have been put into motion. that cavalry never comes over the hill to help. that's just stunning to me. >> reporter: there was one closer option. special force troops in tripoli wanted to rush there but were ordered not to. the pentagon now concedes they were ordered not to go to benghazi but to help out in tripoli. >> if they had gone, they would have passed each other in the air. >> i'm more interested in act one. >> reporter: michael hayden is the former cia director. >> act one is what were the intelligence estimates? what kind of warnings were given? what was the plan? why do we have so few options in act two? >> reporter: act one is numbing.

warning after warning that benghazi was a disaster waiting to happen. >> what they had decided to do with the security posture was inconsistent with the threat assessment that was readily available. >> reporter: indefensible? >> look, i've been in those chairs. i'm not going to say it that way. but it's clear, john, it was inadequate. >> reporter: the evidence was overwhelming. attacks that convinced the british and the red cross to leave benghazi. two prior attacks on the u.s. mission. an ied thrown over the fence in april and another one in june that blew a huge hole in the compound gain. and detailed warnings in 4,000 classified cables, including updates on new al qaeda training camps near benghazi. how come that didn't rise to the level where somebody said we just can't operate in this environment? it was a deathtrap. >> reporter: the security arrangements were grossly inadequate and spread the blame

across the state department bureaucracy. >> senator, i want to make clear that no one in the state department, the intelligence community, any other agency ever recommended that we close benghazi. >> reporter: but maybe they should have. it's the only western flag flying in benghazi. should it have been? >> i don't think so. there was plenty of warning. what's what we call strategic warning. tactical warning is it could happen tonight, not so much. if you were waiting for tactical warning sitting out there in the consulate in benghazi, you weren't waiting for intelligence, john. you were waiting to die. >> so john, the military says they couldn't have gotten to benghazi in time, but the united states has the greatest military in the world. to did that seem shocking? >> it does seem shocking. 24 hours for the first boots on the ground, and then only to

tripoli. a lot of americans are stunned by that. libya in northern africa, the africa command which was created for these kind of crises, is still based in germany. so part of this is a long-term problem. then you get to benghazi and this is the greatest crime of benghazi. they had weeks and weeks and months of warnings. the pentagon says it was never asked, but the fact that the state department, the cia and pentagon didn't get together saying we need to have marines floating off of libya, that was the greatest crime. they had no fire department anywhere close. >> john, thank you very much. of course, greater than the crime may be the coverup. up next, was it a coverup by the obama administration? and will anyone ever be brought to justice? >> it might not be tomorrow or this year, but i do think at some point in time the individuals responsible are

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in many ways, the political firestorm that followed the assault on the u.s. consulate in benghazi became bigger than the attack itself. here again is john king. >> reporter: two days later, the solemn home comes for the four americans killed in benghazi.

by then, top state department officials believed a terrorist group was involved and americans evacuated to germany was telling the fbi there was no protest outside the benghazi mission and that there was precision mortar fire when the nearby cia annex came under attack. yet five days later, this official take on why benghazi happened. >> our current best assessment based on the information we have at present is in fact what this began as was a correspondespont a premeditated response to what happened in cairo, where there was a violent protest undertaken in reaction to this very offensive video disseminated. >> reporter: michael hayden watched from home that sunday. but what ambassador rice kept saying didn't add up.

>> it didn't sound like a mob at all. >> reporter: nearly a year later, the obama administration's response remains a flashpoint. >> al qaeda is on its heels and osama bin laden is dead. >> reporter: republicans say telling the truth about benghazi might have undermined a case for re-election. >> the american people are owed an apology for the misinformation that went on for weeks. >> reporter: the white house chafes at any suggestion of a coverup. >> the fact that this keeps on getting churned out, frankly has a lot to do with political motivations. >> reporter: there is no disputing this, the explanations have, at times, been inconsistent, conflicting and n inaccurate. >> what we do know is that the natural protests that was the outrage over the video was used as an excuse by extremists. >> i heard hillary clinton say it was an act of terrorism.

what do you say? >> we're still doing an investigation. there's no doubt that the kind of weapons that were used, the ongoing assault that it wasn't just a mob action. >> reporter: exhibit a in this debate is these benghazi talking points used by ambassador rice when she made the sunday show rounds. >> the whole issue of talking points, frankly throughout this process, has been a sideshow. >> reporter: perhaps. but the administration at least shares blame nor what the white house calls a political circus. >> the single adjustment that was made to those talking points by either of these two institutions were changing the word "consulate" to "diplomatic facility." >> reporter: that's just not true. we know the national security council staff was behind several edits and the state department pushed others. the first draft referenced islamic extremists with ties to al qaeda.

the second noted al qaeda's presence in benghazi. but victoria newland objected to naming terror groups and pushed to delete reference to those threat warnings, even after changes she wrote one draft failed to resolve issues with the leadership. for months, she refused to explain what she meant by building relationship. >> not being transparent feeds suspicion. >> i did not consult with anybody else. >> reporter: sullivan is among more than half dozen top clinton aides the committee wants to question. >> that misinformation, at a minimum, shows a dysfunctional government. possibly shows an intent to deceive. >> reporter: the official administration investigation called an accountability review board was critical of the entire

state bureaucracy but found no negligence. >> i've called it a whitewash and it offended a lot of people. >> reporter: thomas pickerington twice canceled interviews with cnn and his attorney advised him not to speak with us. republicans say, a h-ha, cover up. >> it's a question of clarity. we kind of mixed it together as a stew and rolled benghazi into the event. >> reporter: who is ultimately accountable? >> look, this is team ball. there are a lot of people who now look back and stay i could have done that, i should have done that, if i would have done that, maybe i could have prevented it. >> so john, we've seen some of the e-mails but not all of them. do you think we're ever going to ever know who made the decisions to make changes in this administration? >> the committee is going to keep pushing, and they want to

go all the way up to hillary clinton's inner circle. they want to see were they involved in the decision to drop the terrorist names. why was that done? was it done to protect the investigation or just to protect the department or republicans think nefarious, protect clinton, protect the president. democrats say, that's how bureaucracy works. we'll see how high they can get publicly or privately, getting more e-mails and questioning the clinton inner circle. some republicans say enough. the bigger challenge is where was the military? why were they left at risk, not so much the talking point debate, but this counts. >> and hopefully stopping this from happening again. but we may never know who was responsible for the decisions. arwa, we also may never know who committed this crime. >> you look at what the americans and libyans are doing, and the investigation is basically going nowhere.

it hasn't even significantly gotten off the ground. no one has really been detained in connection for this. even people out there, easy to find in benghazi, no one has been spoken to. the situation in benghazi, as it progresses, and has progressed sense the attack, is becoming a more difficult and more challenging landscape to navigate. you go there now, you will see pro al qaeda graffiti spray painted on the wall. >> arwa was just there and was able to do what u.s. and government officials haven't been able to do, catch up with some of the people who might have been been responsible for the murders. within hours of the attack, u.s. officials and some libyans were blaming one group. ansar al sharia, an islamist group based in benghazi. >> those are al qaeda allied and they really dislike the west. >> the night of the attack u.s. officials claimed that ansar al

sharia took credit. but the organization itself quickly denied involvement. since september 11, there has been only one suspect publicly detained in connection to the attack. in october, a man from tunisia was picked up in turkey and questioned by the fbi. he was released in january after authorities determined there was a lack of evidence. in may, the fbi released photos of three more men wanted for questioning. we took those pictures onto the street. did you see this at all? >> here in benghazi? >> reporter: yeah. >> no. >> reporter: they didn't put it on tv or the walls or anything? >> i haven't seen this. >> reporter: rami was an intelligence official with the libyan national transitional council. and now independently tracks extremist groups. >> the fbi unfortunately

released photos of very minor people who were not known in benghazi, and the bulk of the people behind the u.s. consulate attack are in syrian territory today. >> reporter: u.s. officials have identified ahmed abu khattala has a person of interest in the attack. so far no arrests have been made. but for a suspected terrorist who may have been involved in the murder of four americans, he's really not that difficult to find. we met with ahmed in public at a coffee shot in benghazi for around two hours. he seemed to be confident, his demeanor not that of a man who believed that he was going to be detained or targeted any time soon. and he agreed to let us film audio but not video of our conversation. he doesn't deny that he was there the night of the attack.

>> translator: that night, how did you get the news? when did you arrive and what did you see? >> translator: is this a journalistic interview or an interrogation? >> translator: it's a journalistic interview. >> translator: i didn't know where the place was. when i heard, we went to examine the situation. when we withdrew and there was shooting with medium guns, and there were rpgs and people panicked, we tried to control traffic. >> translator: did nip from the american or libyan government side try and get in touch with you. >> translator: never. >> translator: never? >> translator: never. >> translator: and if they tried, are you ready to meet with them? >> translator: yes, no problem. but not as an interrogation, but a conversation like we're having now. >> reporter: but these conversations haven't happened. the chaos and insecurity in benghazi right now makes it hard to bring anyone to justice for the september attack.

and rahmi says the americans continue to fail to see the bigger picture. >> the attack was commanded and executed by al qaeda, who today includes former members of the lybian islamic fighting group who have merged since -- with algerian al qaeda members. so we're dealing with a completely new beast that has evolved in the last two years. >> reporter: so who is on their radar? and where does the investigation stand? we went to find the justice minister. to give such information by law.

all i can say is it is being investigated. >> reporter: he warns against unilateral action by the u.s. >> it is something that may not be fair because most people don't have access to lawyers. >> reporter: but with no one brought to justice, and nearly a year an investigation that appears stalled, unilateral action may be the united states' only option. next, who will pay the political price? >> it's hillary's legacy over there. i had told her personally, nose to nose, please, tell me what happened. she did not get back to me. man: 'oh i can't go tonight' woman: 'i can't.' hero : that's what expedia asked me. host: book the flight but you have to go right now. hero: (laughs) and i just go? this is for real right? this is for real? i always said one day i'd go to china, just never thought it'd be today. anncr: we're giving away a trip every day. download the expedia app and your next trip could be on us.

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who will pay the political price for all of this? again, here's john king. >> reporter: she visited 112 countries as secretary of state, logging nearly 1 million miles, including this upbeat 2011 visit to libya. benghazi proved that optimism was misplaced. >> we were misled -- >> was it because of a protest or guys out on a walk one night that decided to kill some americans? what difference at this point does it make? >> reporter: republicans argue it makes a huge difference. >> it was inexcusable and should preclude her from holding higher

office. >> reporter: you know what her allies would say, here's this guy that wants to be the republican nominee and wants to discredit the strongest democratic nomination. >> i have made it very clear that the security cables did not come to my attention or above the assistant secretary level. >> that's precisely her culpability. decisions should rise to your level. that's your job is to make sure that those messages get to you. >> reporter: some republicans aren't waiting for the investigation to conclude. to them, it's clear benghazi was a coverup, orchestrated by the two democrats the gop most loves to hate. oh, and please send money. >> the fact that this keeps on getting churned out, frankly has

a lot to do with political motivations. they've used it for fund raising. >> reporter: yes, they have. that see benghazi as a scandal and a fund-raising tool. >> what difference at this point does it make? >> the difference is a coverup and four american lives. >> reporter: doesn't it give the other side fodder to say the republicans don't care about the facts, they're just raising money off of it. >> i would concur. i would prefer fund-raising stay away from the hard work of congress. but it isn't going to happen. >> reporter: she says her fellow republicans need to be careful. >> when you go to republicans and say this is a kovier up, republicans believe that. the challenge is that's not something outside of republican circles is as widely believed. >> reporter: that ad was cut in

2012 but never run, leaking it now is a 2016 warning shot at clinton. >> it may be the republicans are trying to send her a message. >> reporter: paul begala. >> she's never, ever been a person to back down to a bully. she's motivated by that to stand up and fight back. >> former navy s.e.a.l.s tyrone woods and glenn dougherty rushed to help americans in danger. what did they die for? >> the more important thing to us is to make a positive thing about chris' life. ♪

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four americans were lost on september 11, 2012. but their memories live on for their families. christopher stevens, age 52.

>> when he was in high school, he played the saxophone. they were going to do "music man" so he decided to audition for it, andry ebb i was in the kitchen and he came home from a performance and said to me, mom, i'll never be in the pit again. >> chris' parents remember when they first saw their son's talent for diplomacy as a young peace corps volunteer. >> i remember a peddler came up with a rusty dagger that he said was very valuable. chris took the dagger and ran it down it and say it is worthless, it will cut nothing. he said it in such a way, the peddler and the waiter burst out in laughter. >> glenn dougherty, age 42. his younger sister, kate, says the top flight skier and surfer was larger than life. >> glenn was a people person. he was always the life of the

party, and always had a great story, a big smile, huge hug. and he was just so fun all the time. when you were with him, he made you be the best that you can be. that's a great thing. >> sean smith, age 34. pat smith says her son was a gamer. >> he was a nerd. he grew up to be a big nerd. but one of those wonderful nerdses and i just loved the hell out of him. >> she always encouraged him to explore the world. >> that's what he did and he reached for the stars. >> tyrone woods. age 41. he lived to be a navy s.e.a.l. how much did he love it?

>> he loved it. he loved it. >> in his passion to be a s.e.a.l. started early. >> this is a drawing he did when he was about 12 years old, and it's a game. and it has helicopters and killer bees and alligators, obstacles to overcome, and you had to start down here, and the object of the game was to get home, which was up here. and overcome all these obstacles. friends and family have really been supportive. >> and she's at peace, knowing ty helped bring others home on september 11. >> i said, secretary clinton, you're a mother. she said, yes. and i said, my concern as a mother is that my son perished thinking that he had not completed or fulfilled his

mission. and i said, he would not want that. and she said, he completed his mission. he saved 30 people's lives who would not be here today. and i thought, okay. mission completed. >> mission completed. these men gave their lives serving other americans. and their deaths shouldn't be in vain. it's up to america's leaders to honor them but making sure the events of september 11, 2012 never happen again. so far elected officials have focused on finger pointing than their country's security. the administration put the re-election first. the republican party put political revenge first. in the end, the truth about benghazi, politics trumped

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good evening. tonight, why the masked killer who wants to plead guilty is being put through a trial that